Legal Opinion

United States v. Rutilio Lorenzo Petti, A/K/A Thomas Grasso

Court of Appeals for the Third Circuit

Decided April 24, 1972No. 71-2043PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

Appellant Rutilio Lorenzo Petti was convicted under an indictment charging that he “did knowingly, wilfully and' unlawfully embezzle, with intent to convert to his own use,” an interstate shipment of goods, “[i]n violation of Title 18 U. S.C. Section 659” (emphasis added). He contends on this appeal that there was a variance between the indictment and the proof, specifically arguing that the evidence produced at his trial showed that he had taken the goods through larceny rather than embezzlement.

It is not disputed that 18 U.S.C. § 659…

2Cases cited14 opinions

  1. Stirone v. United StatesSupreme Court of the United States · 1960
  2. Moore v. United StatesSupreme Court of the United States · 1895
  3. United States v. De NormandCourt of Appeals for the Second Circuit · 1945
  4. United States v. William Edward Beard, United States of America v. Harold GarrisonCourt of Appeals for the Third Circuit · 1969
  5. Loney v. United StatesCourt of Appeals for the Tenth Circuit · 1945

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3Cited by15 opinions

  1. United States v. SomersCourt of Appeals for the Third Circuit · 1974
  2. United States v. Michael NechyCourt of Appeals for the Seventh Circuit · 1987
  3. United States v. SomersCourt of Appeals for the Third Circuit · 1974
  4. Government of the Virgin Islands v. Charles LeonardCourt of Appeals for the Third Circuit · 1977
  5. United States v. Alfred David ScottCourt of Appeals for the Tenth Circuit · 1979

10 more not listed; retrieve them via the Exa API.

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